029-79 Ordinance
\ RECORD OF ORDINANCES 67
National Graphics Corp" Cols.. O. ~ Form No. 2806-A
Ordinance No.___~1~1_1n--- p assed____i:Lf:L_'nL__2_Lcnnn-- __________19 n1-1-
AN ORDINANCE PROVIDING FOR A CHANGE OF
ZONING OF CERTAIN REAL ESTATE TO THE
~. O.L.R. - OFFICE, LABORATORY, RESEARCH
ZONING DISTRICT.
'-' BE IT ORDAINED by the Council of the Village of Dublin, State of
Ohio, ~of the elected members concurring:
SECTION I. That the following described real estate (see attachec
legal description marked Exhibit "AN) situated in the Village of
Dublin, State of Ohio, shall be, and hereby is, rezoned to the
O.L.R., Office, Laboratory, Research Zoning District and shall be
subject to regulations and procedures contained in Ordinance No:
21-70, the Village of Dublin, Ohio, Zoning Code, and amendments
thereto.
SECTION 2. The application, Exhibit "B", the list of contiguous
property owners, Exhibit "C", the location plat, Exhibit "0", the
report of the Planning and Zoning Commission, Exhibit "E", and the
Memorandum of Lease, Exhibit "F", are all incorporated into and
made an official part of this Ordinance, and said real estate
shall be developed and used in accordance therewith.
SECTION 3. That this Ordinance shall take effect and be in force
"..... from and after the earliest period allowed by law.
"" Passed this ~ day of It p~-;J:. t-_, 1979.
'......
~~~icer k~'-~/ ~
resident Pro Tempore
ATTEST:
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A"//Ji erk - :r.....~Al:trer
,....
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Mr. Sherman Sheldon Ex H r&;:s::, '-... A If
March 15, 1979
Page Two
The following is a legal description of the Fulscher property:
Situated in the State of Ohio, the County of Franklin, the
r Township of Washington and being part of the Virginia Military
. Survey No. 4852 and being more particularly described as
\.,.., fo llows :
Beginning at an iron pin at the intersection of the centerlines
of Rings Road and Frantz Road; thence S. 40 481 E. a distance
of 717.53 feet to an iron pin (passing over an iron pin at 30.01
feet); thence S. 850 23' W. a distance of 1,132.76 feet to an
iron pin; thence N. 30 42' W. a distance of 735.15 feet to a
railroad spike in the centerline of said Rings Road (passing
over an iron pin at 705.15 feet); thence N. 860 17' E. along
said centerline a distance of 1,118.90 feet to the point of
beginning, containing 18.771 acres, more or less.
I assume this is satisfactory for the zoning application.
Very truly yours,
,.....
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VILLAGE OF DUBLIN PLANNING AND ZONING COMMISSION
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I t
Ai\" APPLICA TION FOR AMENDMENT ; For P & ZC Use Only
OF THE VILLAGE OF DUBLIN i Application No. :
ZONING DISTRICT MAP IZM 7 ,- D()7
I
(Reclas sification of Land) I Date Filed: '1- (6~7f \
I
I Fee Receipt No. O. K"
r Received by: ~4..fJIfr---/ ~
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\w. _____ Please type or prir.t information - Use additional sheets as necessary -----
, TO THE HONORABLE PLANNING AN D ZONING COMMISSION: 6. " ]s"
OX Ii :!:i::rT
The Applicant, SHEREX CHEMICAL COMPANY, INC. ,
Being the e:nier (s), /lessee (s) of property located within the area proposed for
rcclas sification of land/ special use or development, requests that the following
described land to be placed in the OLR Zoning District (s)/
Special District (s).
A. DESCRIPTION OF LAND TO BE RECLASSIFIED
l. General Descri?tion of Land (describe by one of the following: )
a. Lods)/ Reserve (s) DESCRIPTION ATTACHED of
( ,
a reco rded plat, with an area of Acres / Square feet.
b. Beginning at a point along
(street or other)
and being feet in a N SEW (circlE
direction from the (specify) of
(street or other), and thence having a dimension of
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from the (specify) of
(street or other), and having an area of
.
c. Th~ tract of land containing Acres and bounded by:
,....., (specify) on the N SEW (circle)
~ (specify) on the N SEW (circle)
(specify) on the N SEW (circle)
(specify) on the N W E W (circle 1
d. .-\:tach\.'d lc~al description: YES XX NO
.
Page 1 of 3
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2'1- lei
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Page 2 of ZM
Map of proposed Zoning District boundaries:
Two (2) copies of map accurately drawn to an apprbpriate scale (to fill a sheet
of not less than 8- 1/2 x 11 inches and not more than 16 x 20 inches). The map
shall be identified and submitted in addition to the General Description of Land.
The map shall include all land in the proposed change and all land within five
hundred (500) feet beyond the limits of the proposed change.
r- To be shown on the map - all property lines, street right of way, easements and
t other information related to the location of the proposed boundaries and shall
~ be fully dimensioned.
The map shall show the existing and proposed Zoning District or Special District
Boundaries.
List all owners oi property within and contiguous to and directly across the street
from such area proposed to be rezoned. The addresses of the owners shall be those
appearing on the County Auditor1 s current tax list or the Treasurer1 s mailing list.
NAME ADDRESS
SEE ATTACHMENT
.
r
s B. ARGUMENTS FOR RECLASSIFICA TION OF THE DESCRIBED LAND.
e
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l. Proposed Use or Development of the Land: Corporate Headquarters
and Research La,boratory,
PLANNED DEVELOPMENT ZONING DISTRICTS and SPECIAL
DISTRICTS submission of three (3) copies of a Development
Plan and other documents and two (2) copies shall be retained
as a permanent public record if approved.
- For other Zoning Districts, such plans or other exhibits would be
helpful to the review of this application.
Plan.s and Exhibits submitted:
Plot PlanL; Building Plan _; Development Plan_ ; Sketch_;
Photographs_ ; Othe r (specify)
,...., 2. State briefly how the proposed zoning and development relates to the
l~xistin.g and probable future land use character of the. vicinity.
,., Adjacent to exi,'s ting QLR zoning to north.
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Page 2 of 3 pages
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. .. Page 3 of ZM
3. Has an application for rezoning of the property been denied by the Village
Council within the last two (2) years? YES NO. XX
If Yes, state the basis of reconsideration.
Agreed entry No, 766V-02-646 filed September 22, 1976 is vacated by
change in ownership thus vacating all zoning.
,...,
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"-" C. AFFIDAVIT
Before completing this application and executing the following affidavit,
it is recommended that this application be discussed with the Building,Inspector
to insure completeness and accuracy.
APPLICANT'S AFFIDAVIT
STATE OF OHIO
COUNTY OF FRANKLIN,
I (W'Et)/ Edward B. Dunning, S~cretary of Sherex Chemical Com an Inc
being duly sworn, depose and say that2I:~:arrd ~~'1l~~1l9l~ /w)/lessee (s) of
land included in the application and that the foregoing statement herein con-
tained and attach. " and info rmation or attached exhibits thoroughly to the
best of my / ddt a~ .lity present the arguments in behalf of the application here-
,... with submitted and that the statements and attached exhibits above referred
~ to are in all respects true and correct to the best or myle/lit knowledge and belief.
\......
~~ ~
r " (signature)
/.-~.< Secretary, Sherex Chemical Company, Inc.
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. Box 646
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'" (mailing addre s s )
...
Dublin, Ohio 43017
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Phone: RR9-3497
Subscribed and sworn to before rne this 6~e~1979 .
FI'}, i( S;::!~irR
Mlf4F' .,u,'y :."> -r- :"-:~:~
~r I ~:\1A/'~.il~;t~ :~' .(~~ 'v~': ~.fl :.);>n Notary Publ c
,.... Pl'rson to be contacted for details, if other than above signatory:
~ Edward B. Dunnin~ Box 64h, Dublin, Ohi() 43017 RR9-1497
(nam e) (address) (telephone)
_ _ _ _ _ _ _ ___ _____ _ ___ __ __ _ __ ____ __DO NOT WRITE BELOW THIS LINE- -- - -- - -- -- -'
D. RECORD OF ACTION
l. Withdrawn Held to
(datd (date)
., p &. ZC: Date of Hearing
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..\ ~'\) rl)Yl~ d ; Disapproved Modified
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3, \' i n.\,'" '\incil: Datl' of lIearing
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.'\: 'i' J"" .__,___; Disapproved___ Modified
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March 15, 1979 -~--~
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.JAMES .J. FOLEY
,... ARCHITECT
I
Mr. Sherman Sheldon
........ Village Administrator 6 ,\ C "
Village of Dublin . x+frB-r-r
Dublin, Ohio 43017
Dear Mr. Sheldon:
The following is a list of adjacent land owners (with mailing
address) for all contiguous land owners to the Fulscher property
on Ri ngs Road:
1. North
Western Electric Company
5151 Paul G. Blazer Memorial Parkway
Dublin, Ohio 43017
2. East
Smith & Moler Development Company
4789 Ri ngs Road
Dublin, Ohio 43017
"..., 3. South
i
~ A. Leonidas C. Scatterday
6480 Plesenton Drive
Worthington. Ohio 43085
B. Mrs. Emma Da tz
5040 Tuttl e Road
Dublin, Ohio 43017
4. West
Rudolph and Elizabeth Speiser
895 Manor Lane
Apartment B
Columbus, Ohio 43221
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3 5 1 B RIVERSIDE DRIVE / COLUMBUS, o H I 0 43221/614-451_0411
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INCORPORATED
March 21, 1979 Dublin, Ohio 43017
Planning and Zoning Minutes
ifili'
A special meeting of the Dubl in Planning And Zoning Commission
was held on March 20, 1979, at 7: 30 P. M. i n t he Mu n i c i pa I Bu i I d-
......... 6665 Coffman Road, Dub I in, Ohio 43017.
lng,
Those members in attendance were: Mr. Moffit; Mr. Mack I in;
Mayor Karrer; Mr. Caudy; Councilman Callahan; Mr. Helman, Planner
Mr. \'101 fe, Engineer.
A rezoning appl ication, ZM 79-007, by Sherex Chemical Company,
I nc. I was brought before the committee for 18.771 acres south
of Rings Road known as the Fulscher property which is present-
ly zoned R with a special court ordered commercial zoning clas-
ification. After reading of the application, a copy of the
Real Estate purchase contract was shown to the Planning and
Zoning Commission. Mr. Helman discussed placement of entry and
exit points. Mr. Foley representing Sherex described the two
bui Idings to be built estimated at $S! million with 140 em-
ployees of which about I 00 w i I I move from Ashland.
Mr. Caudy moved that the Planning and Zoning Commission recom-
mend that Council approve this application. Mr. Callahan seconded.
,,-. Motion carried unanimously.
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O.J. MOFF ITT -CHA I RMAN ACTING SECRETARY
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I. MEMORANDUM OF LEASE
THIS MEMORAilDUU OF LEASE made this 19th day of March,
f 1979, by and between Clarence E. Fulscher, lessor, and Sherex
Chemical ,Company, Inc. , lessee. ~ " f 'I
WITNESSETH: . XH:I:BrT
WHEREAS~ on March 19" 1979, .lessor and lessee have
entered into a certain lease; and
WHEREAS~ lessor and lessee desire to execute a memorandum
-
of such lease pursuant to section 5301.251, Ohio Revised Code:
II 0 fl ~ THEREFORT::~ BE IT KNOWN THAT~ -by the ,terms of the
lease:
1. Demised Premises; Term
Lessor demised and leased to lessee, and lessee hired
and leased from lessor, for a term commencing March 19, 1979
and ending May 31, 1979, or on such later date as a contingency
provided for therein is fulfilled, the premises described in
Exhibit A, attached hereto and incorporated horein an fully as
if rewritten herein.
Said premises were acquired by deed recorded at
2660 54 .
Deed Record Vol. 3709 , page 584 , Recorder's Office, Franklin
County, Ohio.
· 2. Addresses of Zessor and Zessee
The addresses pf lessor and lessee are:
Lessor: Clarence E. Fulscher
5075 Rings Road
Dublin, Ohio 43017
Lessee: Sherex Chemical Company, Inc.
5200 Blazer Memorial Parkway
Dublin, Ohio 43017
3. Other Terms ~ Conditions~ Agreements and Covenants
The demised premises have been leased to lessee upon
additional provisions, conditions, agreements and covenants
more specifically set forth in the aforementioned Le~se of
l1arch 19,1979, by and between lessor and lessee, which said
provisions, conditions, agreements and covenants are hereby
incorporated by reference as if fully. set forth herein.
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--"..._~_._.~.~._"_.,---~._,_.._.,._-,--,._... ---.----.----
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IN WITNESS WHEREOF~ this memorandum of lease has been
executed at Columbus, Ohio, to be effective on the 19th day of
March 1979 by the parties hereto.
In the of:
<' ..~
~
'- (!. L~ Z:-?~
Clarence E. Fulscher, Ie ssor
........
~~~ Sherex Chemical Company, Inc. , lessee
By: ~~q
~dward B. Du~n1ng, Secretary
STATE OF OHIO,
COUNTY OF FRANKLIN, SS:
.
Before me, a notary public, in and fo~ said County
and State, personally appeared the above-named Cl~rence E.
r-' Fulscher, who acknowledged that he signed the foregoing lease
'-' ' . '..
and that the same is his free act and deed.
IN TESTIMONY WHEREOF~ ,I have hereunto se,t my hand .
and official seal at Columbus, Ohio, this 19th day of March,
1979. .
I ci/LV~ Q .1(lL~
Notary~~b c .
TERESA A. DICKEY .
STATE OF OHIO, NOTARY PUBLIC, FRANKLIN coum. STATE OF OHIO
COUNTY ,OF FRANKLIN, SS: MY COMMISSION EXPIRES AUG. 11. 1983
Before me, a notary public in and for said County and
State, personally appeared the above-named, Sherex Chemical
Company, Inc. , by Edward B. Dunning, its Secretary, who
,;l!lIIl".
acknowledged that he did sign the foregoing instrument for
~ and on behalf of said corporation and that the same is the
free act and deed of said corporation, and his free act and
deed personally and as such officer.
.
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Sl · - 'Z
., . and official seal'at Columbus, Ohio, this 19th day of March, .
,
;l
1979.
~~~~
N, tary Pu~).~c · .
"
This instrument was prepared by:
Charles F.Glander .
GLANDER, BRANT, LEDMAN & NEWMAN
",..., 250 East Broad Street
Columbus, Ohio 43215
'......... 614/221-2121
....,..
EXHIBIT A "
DODSON~LINDBLOl\{ .!\.SSOCIATES, INC.' PRINCIPALS
COXSULTIXG E~GIXEERS ALLAN C. STRANO!!
[i E.....ST LONG STHEET AOB~AT O. McCOY
V.V.AAJAOHYAKSHI
COLlJ~nrUS, OHIO "i;1~13
, . I
AHt:A co~c cOl"_ 224-.?51
}iarch 16, 1979
SuRVEYOR'S n:C:SCRIPTION
OI? A 18. 77 3 ACR!.~ TR...\.CT OF LAt"\;D ,
'.
FOR CLL\.REi'!CE E. FUr.SCiIER
. .~,. ,
r".
Situated in the State of Ohio, County of Franklin. and in the
'- Village of Dub~in, and bounded a~d described as folloHs: .
In Virginia Military Survey No. 4852, and baing all of those lands
conveyed to Clarence E.Fulscher by deed of record in Deed Book 3709, Page
5Sl~, R~corder's Office, Franklin County, Ohio, and being more particularly
,
de~cribed as folloHs:
Com;nencit~g at a point in th~ ccnterlin~ intcrsection of Frantz
Road (County Road No. 43) and Relocated Rings Road; thencc, southerly
uith the centerline of Frantz Road, S l;,ol~9127" E for a distance: of
345.56 fe~t to an iron pin (found), said iron pin baing the true point
of beginning of this p~rcel; thence, southerly uith the \-lcsterly line of
lends conveyed to the Villa3e of Dublin as the sar.le is shO\vn of record
in Dc~d Book No. 3506. PaGe 635) Recorder1s Office, Franklin County Ohio
. ' ,
S L;,ol~9'27" E. passing an Iron Pin at Cl distance 0['30.00 feet. for a
total distance of 716.87 feet to an Iron Pin (found); Thence, westerly
with ~n existing fence line, S 85021111" H for a distance of 1.13l~.O8
fect to ~n iron pin (found); theiice, N 3037121" l!. passing an iron pin
in the southerly line of }tin~s Road a i: <I dit:tance of 705.15 feet, [or
a total distance of 735.15 feet to a railroad spike (found) in the
centerline of Rings Road ; Thence , eilstcrly \lil:h the centerline of old
"...... Rings Road (Before reloc3tion in 1970), N 86017'01" E for a distance of
1,118.87 feet to the point of beginning.
...... It is understood that the tract of land described above contnin.s
18.773 ecrcs, more or less, subject to. a 11 legal hir,lways and eaS(~i~'.~nts
of record. 'fhis descriptio~ for tl~is parcel is based upon a field survey
~ade by Dodson-Lindblom Associates. Inc., Consulting Eneineers; Columbus
, '
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Robert D. t-;cCoy 7"
Registered SlIrv~yor No. 5283